Dear Dr. Zuzak:
Thank you for your letter of January 4, 1993, addressed to my colleague, the Honourable Kim Campbell, former Minister of Justice and Attorney General of Canada, concerning the war crimes issue.
It is unfortunate that you are dissatisfied with the responses to your previous correspondence. I will attempt in this letter to deal with each of the seven points which you raise.
The amendments to the Criminal Code, following the recommendations made by the Deschenes Commission to permit prosecution of internationally recognized war crimes and crimes against humanity in Canadian courts, represent a fair and balanced response to the valid concerns of the various interest groups involved in the process. Canada is a leader in the international community, in that its legislation is not restricted to World War II but applies to war crimes and crimes against humanity whenever and wherever committed.
In addition, the process is fair inasmuch as anyone accused of committing a war crime or crime against humanity, like any other person charged with a criminal offence in Canada, has the right to all the protection in our justice system, including those found in the Charter of Rights and Freedoms.
As my opinion (and that of my advisors) regarding the applicability of the legislation differs from yours on fundamental grounds, I feel that it would not be productive to engage in debate on this subject.
When a person is charged with a war crime or crimes against humanity, he or she will be given full disclosure of the case for the crown and any evidence which might be of assistance in defending the case. To the extent that there are hearings outside Canada at the request of the prosecution, the accused and defence counsel will be present and their costs will be borne by the Crown. There is nothing to prevent the accused from conducting a search for witnesses or documents in foreign jurisdictions.
The Criminal Code amendments allow the prosecution in Canada of war crimes and crimes against humanity as recognized at international law. Any person who has committed one of these offences can be tried , convicted and sentenced for it in Canada, provided that the jurisdictional requirements of section 7(3.71) of the Code are met. I am sure you will appreciate that without detailed facts on specific cases, I cannot speculate about the applicability of the Code amendments to the persons to whom you refer in paragraph 6 of your letter.
By amending the Criminal Code to permit prosecution of war criminals in Canada, the Government established prosecution as the primary option, since it guaranteed an accused all the rights and protection of the Canadian judicial system, including the Canadian Charter of Rights and Freedoms. Denaturalization, deportation or extradition are still alternative remedies if criminal prosecution is not possible.
It would be inappropriate for me to comment on paragraph 7 of your letter.
I disagree with your conclusion that the war crimes matter "has been mishandled from start to finish." On the contrary, this most difficult issue is being managed in a professional and competent manner in keeping with the traditions and high ideals of the office of the Attorney General of Canada.
Notwithstanding that we hold different points of view, I appreciate your taking the time to write on this very important issue.
Yours sincerely,
[Signature]
Pierre Blais
[W.Z. 2004-08-15: Note that, even in April 1993, the bureaucrats in the DOJ were already stating: Denaturalization, deportation or extradition are still alternative remedies if criminal prosecution is not possible.
This reinforces the statement from the article of David Vienneau of the Toronto Star which was reported in the Dec. 27, 1992 issue of the Montreal Gazette: "The government plans to try to strip the others of their Canadian citizenship so they can be deported."
And this further confirms that the bureaucrats within the Department of Justice were particularly responsive to the agenda of the Holocaust Industry even under the Conservative government of Brian Mulroney.
The two short letters from Kim Campbell dated Dec. 18, 1992 and Sep. 02, 1992 are reproduced below.]
Dr. William Zuzak
604 des Fauvettes Street
Ste. Julie, Quebec
J3E 1G1
Dear Dr. Zuzak:
Thank you for your letters of August 13 and October 9, 1992. I regret that I was unable to reply earlier.
It is unfortunate that you do not share my confidence in the integrity of the Canadian legal system. However, I am convinced that in an overwhelming majority of cases the system proves itself to be one of the fairest in the world. Please rest assured that, in war crimes cases in particular, the thoroughness of the investigation, the accused's rights as guaranteed by the Canadian Charter of Rights and Freedoms, as well as the procedural and evidentiary safeguards inherent in our judicial system all combine to ensure that persons who are accused of having committed war crimes or crimes against humanity are dealt with in a fair and just manner.
With respect to your query regarding the number and nature of ongoing war crimes investigations, I am not at liberty to reveal this information at this time.
The Government's commitment to the policy that Canada will not be a safe haven for war criminals or those who have committed crimes against humanity extends to modern crimes committed in current conflicts around the world and is not restricted to Nazi crimes.
Yours sincerely,
[Signature]
A. Kim Campbell
Dr. William Zuzak
604 des Fauvettes Street
Ste. Julie, Quebec
J3E 1G1
Dear Dr. Zuzak:
Thank you for your faxed letter of June 1, 1992, concerning the case against Mr. Imre Finta.
As you are aware, the Department of Justice is in the process of appealing the case against Mr. Finta to the Supreme Court of Canada. I have the utmost faith in the quality and integrity of the Canadian legal system and am convinced that our highest court will render a fair and just decision in the appeal. I trust you will understand that, since the case is still before the courts, it would not be appropriate for me to comment further.
The Government is committed to the policy that Canada will not be a safe haven for war criminals and will continue to take all steps necessary to bring to justice those who have committed war crimes or crimes against humanity.
Yours sincerely,
[Signature]
A. Kim Campbell